| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary B By: Representative Owen House Bill 1340 AN ACT TO AMEND SECTION 97-37-39, MISSISSIPPI CODE OF 1972, TO PROVIDE AN AFFIRMATIVE DEFENSE TO A VIOLATION FOR MACHINE GUN CONVERSION; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 97-37-39, Mississippi Code of 1972, is amended as follows: 97-37-39. (1) (a) Any person who manufactures, possesses, or uses a machine gun conversion device * * *and who is not otherwise authorized by federal law to manufacture, possess or use a machine gun conversion device shall be guilty of a felony. (b) For purposes of this section, the following terms shall have the meanings described herein: (i) "Machine gun conversion" means a device that is designed, made and intended to convert a semi-automatic firearm into a machine gun. The term "machine gun conversion" does not include any semi-automatic firearm or any device designed only to aid the operator of a semi-automatic firearm to discharge the firearm more accurately or to pull the trigger more quickly as long as the operator must still function the trigger of the firearm for each shot fired. (ii) Machine gun means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one (1) shot without manual reloading, by a single function of the trigger. (2) (a) Any person convicted of a first offense in violation of this act shall be guilty of a felony, and shall be sentenced to imprisonment for a term of not more than ten (10) years, fined not more than Ten Thousand Dollars ($10,000.00), or both. (b) It shall be an affirmative defense for a violation of this section that the person is otherwise authorized by federal law to manufacture, possess or use a machine gun conversion device. (3) A person convicted of a second or subsequent offense shall be charged with a felony under this act and shall be sentenced to imprisonment for a term of not more than fifteen (15) years, fined not more than Twenty Thousand Dollars ($20,000.00), or both. (4) This section shall be known as the "Jeremy Todd Malone Law." SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary B |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Owen |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1340 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 97-37-39, MISSISSIPPI CODE OF 1972, TO PROVIDE AN AFFIRMATIVE DEFENSE TO A VIOLATION FOR MACHINE GUN CONVERSION; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 97-37-39, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 97-37-39. (1) (a) Any person who manufactures, possesses, or uses a machine gun conversion device * * *and who is not otherwise authorized by federal law to manufacture, possess or use a machine gun conversion device shall be guilty of a felony. |
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| 20 | 20 | | |
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| 21 | 21 | | (b) For purposes of this section, the following terms shall have the meanings described herein: |
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| 22 | 22 | | |
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| 23 | 23 | | (i) "Machine gun conversion" means a device that is designed, made and intended to convert a semi-automatic firearm into a machine gun. The term "machine gun conversion" does not include any semi-automatic firearm or any device designed only to aid the operator of a semi-automatic firearm to discharge the firearm more accurately or to pull the trigger more quickly as long as the operator must still function the trigger of the firearm for each shot fired. |
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| 24 | 24 | | |
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| 25 | 25 | | (ii) Machine gun means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one (1) shot without manual reloading, by a single function of the trigger. |
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| 26 | 26 | | |
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| 27 | 27 | | (2) (a) Any person convicted of a first offense in violation of this act shall be guilty of a felony, and shall be sentenced to imprisonment for a term of not more than ten (10) years, fined not more than Ten Thousand Dollars ($10,000.00), or both. |
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| 28 | 28 | | |
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| 29 | 29 | | (b) It shall be an affirmative defense for a violation of this section that the person is otherwise authorized by federal law to manufacture, possess or use a machine gun conversion device. |
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| 30 | 30 | | |
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| 31 | 31 | | (3) A person convicted of a second or subsequent offense shall be charged with a felony under this act and shall be sentenced to imprisonment for a term of not more than fifteen (15) years, fined not more than Twenty Thousand Dollars ($20,000.00), or both. |
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| 32 | 32 | | |
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| 33 | 33 | | (4) This section shall be known as the "Jeremy Todd Malone Law." |
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| 34 | 34 | | |
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| 35 | 35 | | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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